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Affirming Hennepin County’s commitment to ensuring free and fair elections
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WHEREAS, on July 2, 2026, Hennepin County submitted comments on the U.S. Postal Service’s (USPS’s) proposed rule: “Ballot Mail for Federal Elections” 39 CFR Part 111, Federal Register Document No. 2026-10968, which was prompted by President Donald J. Trump’s Executive Order 14399, 91 Fed. Reg. 17125 (Mar. 31, 2026) titled “Ensuring Citizenship Verification and Integrity in Elections;” and in the comments to the proposed rule, the County opposed the USPS having a role in deciding whether election materials, including ballots, are delivered and asserted that the proposed rule exceeds USPS’s legal authority; and
WHEREAS, on August 2, 2026, Hennepin County, along with other local governments, and state and local election officials, joined in an amicus brief to the U.S. Supreme Court in California v. Trump, No. 26A124, asking the Court to uphold the current injunction against Executive Order 14399, which among other provisions directed federal agencies to create and enforce an eligible voter list for each state; and directed the postal service to create regulations through which USPS may inspect and effectively impose its own determination of the validity of mail-in ballots; and
WHEREAS, in early August, the Office of Civil Rights from the United States Department of Justice “(DOJ”) requested that Hennepin County Elections staff approve DOJ staff access to polling places in Hennepin County for monitoring the primary election on August 11, 2026; and
WHEREAS, on August 7, 2026, Hennepin County informed the DOJ that it would not approve access to polling places for monitoring and that any DOJ staff performing monitoring needed to do so from beyond 100 feet in compliance with Minnesota law; and
WHEREAS, on August 11, 2026, DOJ monitors were present at polling places across Hennepin County and on several occasions had to be asked to move away from polling places, so that they were in compliance with Minnesota law; and
WHEREAS, on August 13, 2026, 20 Hennepin County residents spoke at Open Forum prior to the County Board’s Administration, Operations, and Budget meeting asking County Commissioners to sign a freedom to vote pledge that states Commissioners will:
1. Abide by the US Constitution and state election laws;
2. Refuse to comply with any unlawful Executive Orders or data requests from the Department of Justice that seek to restrict voting; and
3. Pledge to faithfully play your role to certify and/or seat the rightfully elected winners of elections this November, regardless of their party affiliation; and
WHEREAS, on August 17, 2026, in United States v. Steve Simon, 25-cv-3761 (KMM/EMB), the U.S. District Court for the District of Minnesota ruled that the federal government was not entitled to unredacted copies of Minnesota’s complete voter registration lists, and in accord with 22 other federal courts, dismissed the United States’ case; and
WHEREAS, public confidence in elections depends upon the secure, accurate, and transparent administration of the election process; and
WHEREAS, Hennepin County election officials, municipal election officials, and thousands of election judges serve voters throughout the county and carry out their duties impartially and in accordance with Minnesota election law; and
WHEREAS, election officials and election judges must be able to perform their lawful duties without threats, intimidation, or interference, and protecting election workers is essential to the safe and orderly administration of elections; and
WHEREAS, the Hennepin County Board does not have a direct role in administering elections or certifying election results, but does appoint two members of the Board of Commissioners to sit on the Hennepin County Canvassing Board; and
WHEREAS, the 2026 Hennepin County Canvassing Board consists of Commissioner Heather Edelson, Commissioner Jeff Lunde, County Auditor Dan Rogan, City of Minneapolis Mayor Jacob Frey, and Fourth Judicial District Administrator Sara Gonsalves or their delegates; and
WHEREAS, the County Canvassing Board members take an oath to the Constitution of the United States and the Constitution of the State of Minnesota, to faithfully discharge the duties of the office of the Hennepin County Canvassing Board; and
WHEREAS, the role of the County Canvassing Board is outlined in Sections 204C.31-34 of Minnesota Statutes, which includes canvassing election results and reporting the names of the candidates for each office and the number of votes received by each candidate in the county and in each precinct; declaring the candidate duly elected who received the highest number of votes for each county and state office voted for only within the county; and transmitting a certified copy of the county canvassing report for state and federal offices to the secretary of state; and
WHEREAS, the Hennepin County Canvassing Board is scheduled to meet to certify general election results on Monday, November 9, 2026.
Resolution:
BE IT RESOLVED, that the County Board of Commissioners:
• Reaffirm their oaths to support the U.S. Constitution and the Constitution of the State of Minnesota and to discharge faithfully the duties of their office to the best of their judgment and ability;
• Direct the County Administrator, the County Auditor, and the Elections Director to:
o take efforts to maintain a free and fair election in Hennepin County;
o take actions to oppose any unlawful requests for elections data or unlawful requests that could impact the election process; and
• Direct the County Auditor to ensure the County Canvassing Board members take the required oath of office.